THE COMMISSIONER OF INCOME TAX vs. SHRI T S KRISHNA MURTHY

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ITA/296/2014HC KarnatakaKAHC01025468201418 December 2015Bench: S.SUJATHA,VINEET SARAN3 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the tax effect in the appeal was below the revised monetary limit for filing appeals. Consequently, the appeal was dismissed based on the CBDT circular.

What were the facts?

The Revenue filed an appeal before the High Court against an ITAT order. The tax effect in the present appeal was below the enhanced monetary limit for filing appeals. This was brought to the court's attention via a CBDT circular.

What were the issues?

Whether the appeal filed by the Revenue should be dismissed due to the tax effect being below the enhanced monetary limit prescribed by a CBDT circular.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF DECEMBER 2015

PRESENT

THE HON’BLE MR.JUSTICE VINEET SARAN

AND

THE HON’BLE MRS.JUSTICE S SUJATHA

ITA NO.296/2014 BETWEEN

1.

THE COMMISSIONER OF INCOME-TAX

C.R. BUILDING,

QUEENS ROAD BANGALORE

2.

THE DY. COMMISSIONER

OF INCOME-TAX

UNITY BUILDING ANNEXE, MISSION ROAD

BANGALORE – 560 027 …APPELLANTS (BY SRI K.V. ARAVIND, ADV.,)

AND

SHRI. T.S. KRISHNA MURTHY VILLA 109, ADARSHA VISTA, BASAVANAGAR MAIN ROAD MARTHAHALLI POST BANGALORE

…RESPONDENT (BY SRI. A. SHANKAR, ADV., & SRI. M. LAVA., ADV.,)

THIS APPEAL IS FILED UNDER SECTION 260- A OF INCOME TAX ACT 1961, PRAYING TO SET ASIDE THE ORDER PASSED BY THE ITAT,

2 BANGALORE, IN ITA NO.569/BANG/2012 DATED 14.2.2014 AND CONFIRM THE ORDER OF THE APPELLATE COMMISSIONER CONFIRMING THE ORDER PASSED BY THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE – 5[1], BANGALORE.

THIS APPEAL COMING ON FOR HEARING, THIS DAY, VINEET SARAN J., DELIVERED THE FOLLOWING:

JUDGMENT

Learned counsel for the appellants-Revenue has placed before us a recent Circular No.21/2015 dated 10.12.2015, issued by the Central Board of Direct taxes, wherein the monetary limit of the tax effect for filing appeals before the High Court has been enhanced from Rs.10 lacs to Rs.20 lacs. In paragraph-10 of the said Circular, it has been clarified that the same will apply retrospectively to pending appeals also, which, if below the specified tax limits, may be withdrawn/not pressed.

2.

Learned counsel for the appellants has stated that the tax effect in the present appeal is below the specified limit of Rs.20 lacs.

3.

Accordingly, in view of the Circular No.21/2015 dated 10.12.2015, the tax effect in this

3 appeal being less than Rs.20 lacs, the appeal stands dismissed.

Sd/- JUDGE

Sd/- JUDGE

AN/-

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